(A) Purpose. It is the purpose of this section to regulate the direct commercial distribution of certain explicit sexual materials to minors in order to aid parents and guardians in supervising and controlling the access of minors to such material. The Commission finds that whatever social value such material may have for minors can adequately be served by its availability to young persons through their parents or guardians. It is also the purpose of this section to prohibit open public display of certain explicit sexual materials, in order to protect persons from potential offense through involuntary exposure to such materials.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DISPLAY FOR SALE IN AN AREA TO WHICH MINORS HAVE ACCESS. Display where minors are able to see it.
DISSEMINATE. To sell, lease or exhibit commercially and, in the case of an exhibition, to sell an admission ticket or pass, or to admit persons who have bought such a ticket or pass to the premises whereon an exhibition is presented.
EXPLICIT SEXUAL MATERIAL. Any pictorial or three-dimensional material, motion picture, still picture, photograph, book, pocketbook, pamphlet or magazine, the cover or contents of which depict human sexual intercourse, masturbation, sodomy, bestiality, oral or anal intercourse; direct physical stimulation of unclothed genitals; flagellation or torture in the context of a sexual relationship; or which emphasizes the depiction of adult human genitals, buttocks or the female breast; provided, however, that works of art or of anthropological significance or materials when presented in a program of education in a church, school or college shall not be deemed to be within the foregoing definitions.
KNOWINGLY. Having general knowledge of, or reason to know, or a belief or ground for belief, which warrants further inspection or inquiry of both of the following:
(1) The character and contents of any material described herein which is reasonably susceptible of examination; and
(2) The age of the person; provided, however, that an honest mistake shall constitute an excuse from liability hereunder if a reasonable bona fide attempt is made to ascertain the true age of the person.
MATERIAL PLACES UPON “PUBLIC DISPLAY.” Material placed on or in a billboard, viewing screen, theater marquee, newsstand, display rack, window, showcase, display case or similar place so that matter bringing it within the definition of “explicit sexual material” is easily visible from a public thoroughfare or from the property of others.
MINOR. A person less than 18 years of age.
(C) Offenses defined. A person is guilty of a violation of this section if he or she:
(1) Knowingly disseminates explicit sexual material to a minor; or
(2) Knowingly displays “explicit sexual material” for sale in an area to which minors have access, unless such material has artistic, literary, historical, scientific, medical, educational or other similar social value for adults and access to such material is limited to adults; or
(3) Knowingly places explicit sexual material upon public display, or if he knowingly fails to take prompt action to remove such a display from property in his possession after learning of its existence.
(D) Defenses. It shall be an affirmative defense to a prosecution under this section for the defendants to show:
(1) That the dissemination was made with the consent of a parent or guardian of the recipient or that the defendant was misled as to the existence of parental consent by a misrepresentation made by a person holding himself out as a parent or guardian of the recipient, or that the dissemination was made to the recipient by his teacher, or clergyman in the discharge of official responsibilities;
(2) That the recipient was married.
(E) Exemption for broadcast. The prohibition of this section shall not apply to broadcasts of telecasts through facilities licensed under the Federal Communications Act, 47 USC 201 et seq.
('79 Code, § 14-70) (Ord. 78-35, passed 10-17-78) Penalty, see § 131.99